Supreme Court upholds constitutional validity of PMLA

Supreme Court

The Supreme Court today upheld the Constitutional validity of the Prevention of Money Laundering Act (PMLA).

The judgment was pronounced by a bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar on a batch of 241 petitions challenging the validity of the law.

The validity of Sections 3 (definition of money laundering), 5 (attachment of property), 8(4) [taking possession of attached property), 17 (search and seizure), 18 (search of persons), 19 (powers of arrest), 24 (reverse burden of proof), 44 (offences triable by special court), 45 (offences being cognizable and non-bailable and twin conditions for grant of bail by court) were upheld by the court.

It was not held by the court that the supply of Enforcement Case Information Report (ECIR) is not mandatory under PMLA proceedings as the ECIR is an internal document and cannot be equated to a First Information Report.

“The court said that the ECIR cannot be equated with FIR and ECIR is an internal document of ED”

The court held that ECIR supply to accused is not mandatory and disclosure of reasons during arrest is sufficient.

The court said that the ED manual is not to be published since it is an internal document.

The post Supreme Court upholds constitutional validity of PMLA appeared first on India Legal.



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